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DODSON v. ELVEY

445 Pa.Super. 479 (1995)

665 A.2d 1223

Michael Timothy DODSON, Appellant, v. Frederick William ELVEY.

Superior Court of Pennsylvania.

Filed September 28, 1995.

Attorney(s) appearing for the Case

Gregory A. Olson, Indiana, for appellant.

Ralph M. Monico, Hollidaysburg, for Frederick W. Elvey.

James R. Ronca, John F. Duggan, Harrisburg, Leonard A. Sloane, Media, Amicus Curiae, for PA Trial Lawyers.

Before ROWLEY, President Judge, and WIEAND, CIRILLO, OLSZEWSKI, BECK, KELLY, POPOVICH, HUDOCK, and SAYLOR, JJ.

BECK, Judge:

This appeal addresses whether under the "limited tort option" of Pennsylvania's Motor Vehicle Financial Responsibility Law ("MVFRL"), 75 Pa.C.S. § 1701 et seq. (Purdon Supp. 1995), it is the function of the judge or the jury to make the initial determination whether a plaintiff has suffered "serious injury". We conclude that, in cases like this one, it is the function of the judge.

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